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NY J89147




October 20, 2003

CLA-2-61:RR:NC:WA:361 NY J89147

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Mr. Jon Goold, VP Compliance
Movie Star Inc.
1115 Broadway
New York, NY 10010

RE: The tariff classification and status under the Caribbean Basin Trade Partnership Act for women’s nightgowns from the Dominican Republic.

Dear Mr. Goold:

In your letter dated September 12, 2003, you requested a ruling on the tariff classification and status under the Caribbean Basin Trade Partnership Act (CBTPA) for women’s knit nightgowns.

Styles 659696A and 659696B are women’s nightgowns constructed from 100 percent nylon knit openwork fabric with 100 percent polyester woven charmeuse binding. The sleeveless nightgown has a T-back, 1 ¾ inch shoulder straps, and a scalloped bottom with two front slits. The two styles are identical except for the width of the binding: 3/8 inch for style 659696A; ½ inch for style 659696B. The binding is used to cover the unfinished edges of the neckline and armholes.

You have indicated that the yarn for the knit openwork fabric will be of US origin; the fabric will be knit the United States, the charmeuse fabric will be woven in Korea, and the fabric will be cut and assembled in the Dominican Republic. You have not indicated the origin of the sewing thread for the garment.

The applicable subheading for both garments will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’snightdressesknitted or crocheted: Of man-made fibers. The duty rate will be 16.1% ad valorem.

Both styles fall within textile category designation 651. Based upon international textile trade agreements these categories from the Dominican Republic are subject to quota and the requirement of a visa.

Concerning the issue of CBTPA eligibility, the Dominican Republic is one of the countries named in subchapter 9820, note 1. Based on the information that you supplied, assuming the sewing thread is of U.S. origin, and provided all requirements are met, the knit fabric for both styles meets the requirements for duty free treatment under subheading 9820.11.18 which states: Knitted or crocheted apparel articles cut and assembled in one or more such countries from fabrics wholly formed in the United States from yarns wholly formed in the United States, or from components knit-to-shape in the United States from yarns wholly formed in the United States, or both (including fabrics not formed from yarns, if such fabrics are classifiable in heading 5602 or 5603 of the tariff schedule and are formed wholly in the United States), if such assembly is with thread formed in the United States, and under the terms of U.S. note 2(a) to this subchapter

The woven charmeuse fabric from Korea is considered a finding or trimming in accordance with subchapter 9820, note 3(b), and does not preclude eligibility for the nightgowns, as long as the value requirements of note 3(a) of that subchapter are met.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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